OST Docket Filings for February 13, 2004
Updated:
| Applications and Renewals:
Allegiant - Transfer of Certificate Cayman - Cayman Islands-Chicago/Atlanta/Tampa/Ft. Lauderdale/Orlando Temporary Exemption ComAir - Cincinnati-Cancun / Atlanta-Monterrey Copa - Family Assistance Plan Delta and China Airlines - Notice of Additional Codesharing Dutch Caribbean - Netherlands Antilles-US Renewal IATA - Techinical Correction LaGuardia Slot Exemptions - Certification of US Airways Express Carriers Northwest and KLM - Notice of Additional Codesharing (Bologna) Polet - Family Assistance Plan Servicios Aereos - Mexican Taxi Renewal Transpais Aereo - Mexican Taxi Renewal US Airways - US-Jamaica Amendment US Airways and Lufthansa - 30-Day Codeshare Notice US Passenger Carriers - Alaska (Mexico) / Continental (Russia) - Waiver of Dormancy Conditions Notice Volga-Dnepr - Philadelphia-Moffet Field Answers and Replies: Air Jamaica - Answer of US Airways American and Mexicana - Joint Reply of Mexicana and American to ATA Airlines Colorado Airways - Letter from Air Carrier Fitness Glenwood Aviation - Granting Request for Flight Operations Reagan Washington National Slots (Beyond-Perimeter) - Supplement of Alaska Airlines / Reply of America West / Supplemental Comments of Aloha / Letter in Support of Frontier Reagan Washington National Slots (Within-Perimeter) - Letters in Support of AirTran Notices of Action Taken: Aerotaxis - Mexican Taxi Renewal Air Santo Domingo - Dominican Republic-Miami/New York/Puerto Rico Renewal American - Miami-Medillin / Los Angeles-Tokyo Limited Waivers Antonov - Honolulu-Milwaukee Royal Tongan - Amendment Servicios Aereos - Dominican Republic-US Volga-Dnepr - Honolulu-Milwaukee Notices and Orders: |
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Aerolineas Santo Domingo S.A. d/b/a Air Santo Domingo OST-00-6796 - Exemption - Dominican Republic-Miami/New York/Puerto Rico Filed January 23, 2004 | Issued February 12, 2004 Renew exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail between any point or points in the Dominican Republic, on the one hand, and Miami, Florida, New York, New York, and points in Puerto Rico, on the other hand; and to conduct charters in accordance with Part 212 of the Department’s rules. The applicant would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U.S. or foreign air carrier. The Dominican Republic is currently a Category 2 country under the FAA’s International Aviation Safety Assessment Program (IASA). By: Paul Gretch Aerotaxis de Aguascalientes, S.A. de C.V OST-97-3239 - US-Mexico Passenger Charter Filed: July 7, 2003 | Issued: February 13, 2004 By: Paul Gretch OST-04-17040 - Exemption - US-Jamaica Open Skies Agreement February 12, 2004 US Airways does not oppose Air Jamaica's application so long as US Airways' application for similarly broad U.S.‑Jamaica authority receives favorable consideration by the Department and the Government of Jamaica. Air Jamaica bases its application on comity and reciprocity pending the final signing of the agreed‑upon Open Skies agreement between the two countries, as well as an exchange of diplomatic notes between the United States and Jamaica. In this regard, US Airways has today filed an application to amend its Charlotte-Montego Bay exemption from 49 U.S.C. § 41101 in order to authorize US Airways to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, on the one hand, and a point or points in Jamaica, and points beyond, on the other hand. See Docket OST-96-1775. Counsel: US Airways, Elizabeth Lanier, 202-872-5230 OST-04-17121 February 13, 2004 Applies for a disclaimer of Jurisdiction and reissuance of its certificate of public convenience and necessity, or alternatively for approval pursuant to 49 U.S.C. § 41105 of the transfer of its certificate, to Allegiant Air, LLC. Reissuance of Allegiant's certificate in the name of LLC will be incidental to a corporate restructuring being undertaken by the carrier for business and tax reasons. The restructuring will have no effect on the management, ownership, control, operations, financial condition or citizenship of the carrier. Allegiant proposes that its restructuring take effect March 1, 2004. Counsel: Garofalo Goerlich, Aaron Goerlich, 202776-3974, agoerlich@ggh-airlaw.com
OST-03-15021 Filed February 3, 2004 | Issued February 13, 2004 American filed a Notice of its intent to increase its nonstop service between Miami and Medellin, Colombia, from five days a week to daily, effective June 15, 2004. It included with that Notice an application for an interim waiver for two Miami-Medellin frequencies beyond the March 31 date until June 15, 2004. American stated that it would poll all parties served with its application for non-objections. By letter dated February 4, 2004, American advised the Department that there are no objections to its application. By letter dated February 5, 2004, American requested that its waiver request date be extended until June 30, 2004, citing the Department's amendment to a Delta notice of February 5, extending Delta's request relating to the Atlanta-Buenos Aires market. American requests similar treatment in regard to its Miami-Medellin application. By: Linda Senese
OST-03-15021 Filed February 6, 2004 | Issued February 13, 2004 American filed a Notice of its intent to use seven weekly frequencies for daily nonstop service between Los Angeles and Tokyo, starting April 4, 2004. American noted that the Department granted Delta an amended notice on February 5 to extend Delta's waiver for its Atlanta-Buenos Aires market. American requests similar treatment and thus requests its waiver to be granted until April 18, 2004. American stated that it would poll all parties served with its application for non-objections. By letter dated February 6, 2004, American advised the Department that there are no objections to its application. By: Linda Senese American Airlines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V. OST-04-16945 - Statements of Authorization and Related Exemption Authority - US-Mexico Codesharing February 12, 2004 Joint Reply of Mexicana and American Airlines ATA's objection is not only based on erroneous conclusions and a mischaracterization of the U.S.‑Mexico bilateral aviation relationship, it is not an objection that can, or should, be resolved in this proceeding. ATA asks that the Department withhold agreed bilateral rights to coerce the Government of Mexico into granting ATA what amounts essentially to an exclusive right to a third designation in a single transborder market. ATA's objection plainly involves much broader policy considerations (both in the United States and in Mexico) than ATA's parochial interest in the Chicago‑Mexico City market and cannot be resolved in a proceeding as narrow as this one. ATA's objection should be denied and the joint application of Mexicana and American approved without delay or restriction. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com OST-04-17113 - Honolulu-Milwaukee Filed: February 11, 2004 | Issued: February 13, 2004 Exemption from 49 U.S.C. section 40109(g) to permit the applicant to operate two, one‑way, cargo charter flights from Honolulu, Hawaii, to Milwaukee, Wisconsin, through February 21, 2004, using its AN124‑100 aircraft to transport six rail‑coach cars (three per flight), on behalf of Siemens Automation. The applicant stated that Siemens, due to unanticipated delay in the shipment schedules of this cargo, now urgently needs lift to get the cargo to the Chicago area for the National Manufacturing Week display (starting February 23, 2004); that the cargo is too large for transportation on U.S.‑carrier aircraft; and that ocean transportation is not feasible because of the long time period that such mode of transportation would take. By: Karan Bhatia Brobel Leasing, Inc. d/b/a Colorado Airways OST-03-16284 - Commuter Air Carrier Authority February 13, 2003 Re: Grant of Additional 30-Days to Respond to Information Request We are in receipt of Bobrel Leasing's February 12, 2004 request for an additional 30 days to respond to the Department's information request regarding its application for commuter air carrier authority. This letter is to inform you that we are granting your request. Accordingly, please provide us with a complete response to our information request of December 11, 2003 on or before March 15, 2004. In addition, please remember that Bobrel should promptly provide the Department with any information regarding changes it may undergo in areas affecting its fitness (i.e., management, operating plans or financial condition, compliance disposition, or ownership) while its application is under review by the Department. By: Air Carrier Fitness, Trace Atkinson OST-04-17118 - Temporary Exemption - Cayman Islands-US February 13, 2004 Application for a Temporary Exemption Cayman Airways hereby applies for a Temporary Exemption, pursuant to the Act, authorizing Cayman Airways to engage in scheduled air transportation between the Cayman Islands and five U.S. cities‑cities that are the subject of prior exemptions. Those cities are: Chicago, Atlanta, Tampa, Ft. Lauderdale and Orlando. In currently‑effective designations under Bermuda 2, the U.K. Government designated each of those cities for service by Cayman Airways. Cayman Airways does not intend to change the service that it currently provides to Chicago and Ft. Lauderdale. Currently, Cayman Airways is not serving Atlanta or Orlando, but intends to resume service to Orlando. When Cayman Airways resumes service to Orlando, it will provide that city with one daily round trip, on Monday and Friday, with a Boeing 727‑200 aircraft configured for 114 seats. One flight will depart Grand Cayman at 4:50 pm and arrive in Orlando at 7:30 pm. The return flight will depart Orlando at 8:30 pm and arrive in Grand Cayman at 9:10 pm. In Docket OST-2003-14296, Cayman Airway's application to amend its permit to add Ft. Lauderdale. The Government of the Cayman Islands has agreed to provide Cayman Airways with non-refundable operating subsidies of $4.8 million for 2003 and 2004. This subsidy is intended to provide financial support for the national airline in recognition of the Airline's importance to the Cayman Islands tourism and local commerce Counsel: Cayman, Richard Littell
OST-04-17122 - Exemption/Statement of Authorization - Cincinnati-Cancun February 13, 2004 Application for an Exemption and a Statement of Authorization Comair, a wholly-owned subsidiary of Delta Air Lines, Inc. will replace Delta mainline service on the Cincinnati-Cancun route, which currently operates on a once-weekly, Saturday-only basis. Contingent upon Cornair's designation, and effective on the anticipated service change-over date of July 1, 2004, Delta hereby notifies the Department that it will surrender its designation for the route. Comair will operate under the DL* code as a "Delta Connection" carrier, enabling Delta to greatly enhance frequency of service and providing attractive new options for the traveling public. Comair further requests a statement of authorization, enabling Comair to display the AM* code of Aeromexico which currently codeshares with Delta on the route. Delta would prefer to retain its designation, thereby enabling Delta to provide more economically efficient mainline service on Saturdays to accommodate the additional traffic volume on that day, rather than operating two regional jet flights. However, because USA 3000 airlines is also offering service on the route, this would exceed the two designation limit applicable to U.S. carriers. But, each U.S. carrier is operating only a single weekly flight and thus the level of actual designation utilization is very low. Delta urges the Department to explore with Mexico whether it would be willing to authorize an additional U.S. carrier designation on an extra-bilateral basis to accommodate this unique situation. In any event, Delta wishes to retain its exemption authority for the route so that it may display its code on Comair's 70-seat CRJ service, and also that it might resume mainline service in the event an additional U.S. carrier designation becomes available in the future. Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
OST-04-17125 - Exemption and Statement of Authorization - Atlanta-Monterrey February 13, 2004 Application for an Exemption and a Statement of Authorization Beginning on or about May 1, 2004, Comair plans to replace ASA's service on one daily flight. Comair initially plans to operate service using 40-seat CRJ aircraft, but desires the flexibility to offer 70-seat CRJ-700 aircraft as market circumstances warrant. Because flights using CRJ 700 aircraft do not qualify as small aircraft operations, Comair requires an exemption. Comair will operate under the DL* code as a "Delta Connection" carrier, enabling Delta to maintain its frequency of service on the Atlanta- Monterrey route. Similarly, Comair requests a statement of authorization to enable Comair to display the AM* code of Aeromexico, which currently codeshares with ASA on the route. No other U.S. carrier provides nonstop service on the Atlanta‑Monterrey route, meaning one designation is available for Comair's use. Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060 Compania Panamenade Aviacion S.A. February 10, 2004 By: Mary de la Guardia Delta Air Lines, Inc. and China Airlines Ltd. OST-02-11459 - Statements of Authorization - US-Taiwan Codesharing February 13, 2004 Notice of Additional Codesharing Hereby give notice that beginning on or about May 1, 2004, Delta's designator code will be displayed on flights operated by China Airlines between Taipei, on the one hand, and Honolulu, Houston, and Seattle, on the other hand. In addition, on our about May 1, 2004, Delta and China Airlines plan to begin previously-approved services for which implementation had been deferred. Counsel: Hogan & Hartson, George Carneal, 202-637-6546 for China Airlines / Delta and Shaw Pittman, Robert Cohn, 202-663-8060 OST-01-10929 - Exemption - Netherlands Antilles-US February 13, 2004 Application for Renewal of an Exemption Renewal of this exemption authority will enable DCA to continue providing much needed air transportation between the Netherlands Antilles and the United States, enhancing consumer travel options and facilitating trade and tourism. As such, renewal of DCA's authority will clearly serve the public interest. Renewal of the authority is also fully consistent with the U.S.-Netherlands Antilles open skies agreement. Foreign Air Carrier Permit, Docket OST-01-10928 Counsel: Wilmer Cutler, Bruce Rabinovitz, 202-663-6969, bruce.rabinovitz@wilmer.com Glenwood Aviation d/b/a America Rising February 11, 2004 Re: Granting Request for Flight Operations This responds to your letter of January 13 requesting a four‑month extension of the time in which to fulfill the conditions in our Final Order 2003‑3‑4, dated March 6, 2003, that requires Glenwood Aviation d/b/a America Rising to commence scheduled passenger operations as a certificated air carrier within one year of that date. The effectiveness of this authority was conditioned upon Glenwood's fulfilling a number of conditions. including providing us with a copy of its Air Carrier Certificate and Operations Specifications from the Federal Aviation Administration authorizing such operations. After reviewing the information you submitted in support of an extension, and conferring with Glenwood's Principal Operations Inspector, we have concluded that there is good cause to grant your request. Glenwood now has until July 6, 2004 to commence actual flight operations. By: Air Carrier Fitness, Patricia Thomas International Air Transport Association
OST-04-16898 - Technical Correction February 10, 2004 Application for Approval of Aggrements Counsel: IATA, David O'Connor, 202-293-9292
February 9, 2004 | Approved February 12, 2004 Application for Approval of Agreements Intra Alaska Bush Service Mail Rates Order 04-2-12 Issued and Served February 13, 2004 Order Setting Final Rule Until Further Department Action | Word By this order, the Department is adjusting the linehaul portion of the mail rate payable to intraAlaska bush mail carriers providing service with Part 121 bush aircraft certificated by the manufacturer for 19 seats or more. This rate will be effective immediately on a final basis, not subject to retroactive adjustment, and will remain in effect until further Department action. The terminal portion of the rate will remain unchanged from that set in Order 2002-8-7. Likewise, the rate for bush carriers in markets where there is no qualifying service with Part 121 bush aircraft will remain unchanged. By: Karan Bhatia New York LaGuardia Slot Exemptions February 11, 2004 Supplemental Certification of US Airways Express Carriers As set forth in Attachment A hereto, US Airways Express Carriers intend to redesignate three existing slot exemption for use by Allegheny Airlines, Inc. ("ALO"), one existing slot exemption for used by Piedmont Airlines, Inc. ("PDT") and two existing slot exemptions for use by Chautauqua Airlines, Inc. ("CHQ") to serve the markets listed. The airports specified each qualify as a non-hub or small hub airport. Counsel: US Airways, Elizabeth Lanier, 202-872-5230 Northwest Airlines, Inc. and Mesaba Aviation, Inc. d/b/a Northwest Airlink and KLM Royal Dutch Airlines OST-03-15191 - Exemption and Statements of Authorization (US-Netherlands Reciprocal Codesharing) February 13, 2004 Notice of Additional Codesharing Hereby notify the Department that KLM plans to display the "NW" designator code on flights operated by KLM between Amsterdam and Forli, Italy, beginning on or about May 4, 2004, due to the planned closure of the Bologna airport. Northwest and KLM expect to restore Amsterdam-Bologna service when that airport reopens. Counsel: KLM, Paul Mifsud, 202-861-5867 / Northwest, Megan Rae Rosia, 202-842-3193 February 3, 2004 Counsel: Miller Hamilton, Lester Bridgeman, 202-429-9223 OST-95-774 - Exemption - Tonga-Honolulu/Los Angeles Filed February 2, 2004 | Issued February 12, 2004 Amend exemption from 49 USC section 41301 to permit the applicant to conduct scheduled, combination services between the terminal point Tongatapu, Tonga, and the two U.S. coterminal points Honolulu and Los Angeles, via any intermediate point or points (through November 21, 2004). By: Paul Gretch Servicios Aereos Ilsa, S.A. de C.V. OST-96-1959 - U.S.- Mexico Charter Air Transportation February 12, 2004 Application for Renewal of Exemption Counsel: Roller & Bauer, Lee Bauer, 202-331-3300, airlaw@rollerbauer.com Servicios Aereos Profesionales, S.A. OST-97-3077- Dominican Republic-US Filed: January 23, 2004 | Issued: February 12, 2004 Renew exemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of persons and property between the Dominican Republic and the United States. The applicant would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U.S. or foreign air carrier. By: Paul Gretch Special Rules for Ronald Reagan Washington National Airport - Within-Perimeter Slots February 12, 2004 Re: Georgia Congressmen Letters in Support of AirTran Counsel: Ungaretti & Harris, 202-639-7505 Special Rules for Ronald Reagan Washington National Airport - Beyond-Perimeter Slots
Supplement No. 1 to Application of Alaska Airlines (Letters in Support) Council: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
February 13, 2004 Supplemental Comments of Aloha Airlines and Motion for Leave to File Hereby seeks leave to file this document and inform the Department of Transportation that it now has obtained an additional departure slot at Orange County's John Wayne Airport with which to operate the second Reagan National (DCA)-SNA-Honolulu roundtrip of the two roundtrip pattern of service proposed in the Aloha Application.' As Aloha explained in its Reply Comments, the SNA-Honolulu sector of Flights #3 and #4 is an existing service and only the second SNA-Honolulu roundtrip (Flights #1 and #2) requires Aloha to secure an additional departure slot from SNA. Attached hereto as Exhibit AQ-R-501 is a letter from Alan L. Murphy, Airport Director, John Wayne Airport, evidencing that Aloha has obtained an additional departure slot at SNA effective April 1, 2004 that will enable the carrier to operate its second proposed SNA-Honolulu roundtrip operation. Accordingly, Aloha now possesses in connection with its current SNA slots all the departure slots at SNA it needs to operate the two daily roundtrip flights over the Reagan National-Orange County-Honolulu routing described in the Aloha Application. Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305
February 12, 2004 Motion for Leave to File and Reply of America West Airlines America West files this motion for leave to file this brief reply to comments filed by Delta Air Lines, Alaska Airlines and United Air Lines in this proceeding. These carriers seek to mislead the Department by arguing that America West service reductions in service at its Columbus, Ohio (CMH) mini‑hub including the phasing out of three America West Express flights between DCA and Columbus in June 2003, is reason to disapprove America West's application for beyond‑perimeter slot exemptions at Washington Reagan National Airport (DCA). This short reply will provide important factual context which shows why these carriers' comments are completely without merit and must be rejected by the Department. America West also briefly addresses an American Airlines comment to the effect that America West is financially weak. Counsel: Baker & Hostetler, Joanne Young, 202-861-1532
January 22, 2004 Re: The Honorable Wayne Allard Letter in Support of Frontier Airlines By: Wayne Allard OST-96-1912 - US-Mexico Air Charter Transportation February 12, 2004 Application for Renewal of Exemption Counsel: Roller & Bauer, Lee Bauer, 202-331-3300, airlaw@rollerbauer.com OST-96-1775 - Exemption - US-Jamaica February 12, 2004 Application to Amend an Exemption Applies to amend its Charlotte-Montego Bay exemption from 49 U.S.C. § 41101 in order to authorize US Airways to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, nonstop or via intermediate points, and a point or points in Jamaica, and points beyond. Approval of US Airways' proposed amendment will greatly serve the public interest by giving US Airways the flexibility to offer various enhanced services between the United States and Jamaica, thereby providing substantial competition to other carriers serving Jamaica and convenient, on-line connecting service to Jamaica from a large number of communities in the eastern United States. This broad U.S.-Jamaica authority will enable US Airways to enhance and develop additional services to Jamaica as market conditions warrant. Counsel: US Airways, Elizabeth Lanier, 202-872-5230 US Airways, Inc. and Lufthansa OST-03-15946 - US-Germany Codeshare February 13, 2004 Pursuant to the blanket statement of authorization issued in this docket, US Airways and Lufthansa hereby notify the Department that, commencing March 26, 2004, US Airways (and its affiliated carriers) and Lufthansa will begin code sharing on each other's flights in the city pairs listed in Attachment A. Counsel: US Airways, Howard Kass, 703-872-7000 / Wilmer Cutler, Arthur Mollins, 202-663-6000 for Lufthansa
OST-03-15021 - Waiver of the Dormancy conditions on Limited-Entry Route Authority February 13, 2004 Submits the following notice listing each limited‑entry market subject to the blanket dormancy waiver of Order 2003‑4‑18 in which Alaska will not resume service beginning April 1, 2004:
Council: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
OST-03-15021 - Waiver of the Dormancy conditions on Limited-Entry Route Authority February 13, 2004 Notice of Continental Airlines (Russia Frequencies) By Order 2003-4-18, the Department granted all U.S. passenger carriers holding limited-entry international route authority waivers of dormancy conditions otherwise applicable to their authorities and required them to submit a notice by February 15, 2004, listing each dormant limited-entry market in which they will not offer service beginning April 1, 2004. In compliance with that requirement, Continental' advises the Department that it will not be using the 3.5 U.S.-Russia Frequencies awarded to it for codesharing with Delta (Notice of Action Taken, Docket 03-15502, August 21, 2003) by April 1, 2004. Continental is not seeking a waiver to continue this authority in effect, although Continental may seek such authority again in the future. Counsel: Continental and Crowell & Moring, Bruce Keiner, 202-624-2615 Volga-Dnepr J.S. Cargo Airline
OST-04-17115 - Philadelphia-Moffet Field February 12, 2004 Application for an Emergency Exemption Volga‑Dnepr will operate the flight on behalf of Lockheed Martin as part of an effort to provide urgently needed lift to reach Moffet Field not later than the scheduled shipment date. Lockheed Martin is shipping the satellite to Moffet Field to meet LMCSS's extremely tight schedule associated with satellite development, and the need to meet the launch schedule deadlines. As a result, Lockheed Martin stands to lose millions of dollars if the shipment does not occur on time, while only the use of Volga‑Dnepr's outsized aircraft can make it possible to perform the service in question within the set schedule. Counsel: Glenn Wicks, 202-457-7790
OST-04-17116 - Honolulu-Milwaukee Filed: February 12, 2004 | Issued February 13, 2004 Exemption from 49 U.S.C. section 40109(g) to permit the applicant to operate two, one‑way, cargo charter flights from Honolulu, Hawaii, to Milwaukee, Wisconsin, through February 21, 2004, using its AN124‑100 aircraft to transport six rail‑coach cars (three per flight), on behalf of Siemens Automation. The applicant stated that Siemens, due to unanticipated delay in the shipment schedules of this cargo, now urgently needs lift to get the cargo to the Chicago area for the National Manufacturing Week display (starting February 23, 2004); that the cargo is too large for transportation on U.S.‑carrier aircraft; and that ocean transportation is not feasible because of the long time period that such mode of transportation would take. By: Karan Bhatia |
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